Topic
Pleading Standard
319 published works
Drug & Device Law
Twiqbal for Defendants? Not If We Can Help It.
By Bexis
We’re blogging today because of an annoyance – another of these nuisance motions filed by plaintiffs that should be skirting the border of Rule 11, but unfortunately isn’t. Our particular…
Antitrust Advocate
Did You Know the ‘Plausibility’ Standard Can Be Used for More Than Pleading Antitrust Claims?
By Danyll Foix
Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article published in the Global Competition Review’s “The Antitrust Review of the Americas 2018.” Their article reviews how the “plausibility”…
Drug & Device Law
Strike Two For Plaintiff in Pennsylvania
This post is from the non-Reed Smith side of the blog. Today is a follow-up post on Bell v. Boehringer Ingelheim Pharms, No. 17-1153, 2018 U.S. Dist. LEXIS 90337 (W.D.…
Delaware Corporate & Commercial Litigation Blog
Rule 12(b)(6) Motion to Dismiss Standards Clarified
A recent Court of Chancery decision elucidated several principles applicable to a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6). In The Dow Chemical Company…
Antitrust Advocate
Should a Judge’s Personal Judicial Experience Affect Antitrust Pleadings?
By Carl Hittinger, Tyson Herrold
When the U.S. Supreme Court scrapped Conley v. Gibson’s “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some…
New York Attorney Malpractice Blog
A Nicely Written Explanation of Duplicitive Pleading
Here is a short but complete description of duplicitive pleading in professional negligence cases. It is found in Delphi Healthcare PLLC v Petrella Phillips LLP 2018 NY Slip Op 01012 Decided…
Drug & Device Law
Plaintiffs Have Burden To Plead Newly Acquired Evidence
This post is from the non-Reed Smith side of the blog. When we say Nebraska, what comes to mind? Cornhusker football? Warren Buffet, the Wizard of Omaha? Buffalo Bill’s Wild…
Consumer Products Counselor
Plaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on Falsity
In a recent decision by Judge Thomas M. Durkin of the Northern District of Illinois, the Court recognized an important distinction for Illinois Consumer Fraud Act (ICFA) claims between a…
Drug & Device Law
Here Is Why The False Claims Act Is An “Awkward Vehicle” In Pharma Cases
We have always thought that the False Claims Act resides in some sort of alternate universe when it comes to pharmaceutical products. The central concept behind the FCA is easy: …
Drug & Device Law
Three Strikes And . . . You Get Another Chance?
“Legal conclusions, though, are not entitled to the assumption of truth.” If that were the only point we could take away from Wright v. Howmedica Osteonics Corp., No. 5:17-cv-459, 2017…